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McConnell: States, Defy Obama’s Clean-Power Regulations

Sen. Mitch McConnell , in an op-ed in the Lexington Herald-Leader , argues that “the Obama administration’s so-called ‘clean power’ regulation seeks to shut down more of America’s power generation under the guise of protecting the climate.”  

“The regulation is unfair. It’s probably illegal. And state officials can do something about it; in fact, many are already fighting back.”  

“I’m calling for others to join. Here’s why. Every state has the power, in theory at least, to design its own approach to meet the excessive and arbitrary mandates imposed by this regulation. But the purported flexibility is actually illusory.”

“The legal basis for this regulation is flimsy at best. As iconic left-leaning law professor Laurence Tribe put it, the administration’s effort goes ‘far beyond its lawful authority.’ And even in the unlikely event that the regulation does pass legal muster, it’s difficult to conceive how a plan imposed from Washington would be much different from what a state might develop on its own.”

“Don’t be complicit in the administration’s attack on the middle class. Think twice before submitting a state plan — which could lock you in to federal enforcement and expose you to lawsuits — when the administration is standing on shaky legal ground and when, without your support, it won’t be able to demonstrate the capacity to carry out such political extremism.”

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